The parties filed opposing motions against each side’s expert witness over a dispute between the parties as to what the word “use” means. In its Markman order, the district court had construed the term “Internet Protocol network” (“an Internet Protocol network,” “network utilizing at least one Internet Protocol,” and “a…
Patent Lawyer Blog
District Court Orders Transfer of Case During Claim Construction Briefing: Did the Transfer Stay the Briefing Deadlines?
Defendants LG Electronics Inc. and LG Electronics U.S.A., Inc. (collectively, “LG”) filed a motion to clarify the district court’s order transferring the case to the district of New Jersey, seeking a ruling that the court’s deadlines were suspended in view of the transfer order. The district court had granted LG’s…
Court Denies “Emergency” Motion to Lift Temporary Stay Noting That Plaintiff “Is Palpably Irritated,” But “That’s Not Going to Cut It”
In this patent infringement action, Meyer Products LLC (“Meyer Products” or “defendant”) filed a motion to stay the case pending an inter partes review. After the motion was filed, the court set a briefing schedule. As part of its standard operating procedure, the court entered a temporary stay of the…
Emergency Motion to Stay Granted Where PTAB Issued Decision Invalidating All Asserted Claims
Defendants filed an emergency motion to stay the case pending an appeal of the PTAB’s decision that invalidated all of the asserted claims in the patent-in-suit. Earlier in this case, Defendants had petitioned for inter partes review (“IPR”) of all of the claims at issue in the patent. The PTAB…
District Court Stays Patent Infringement Action Pending Inter Partes Review Prior to Institution of Review by Patent Trial and Appeal Board
The plaintiff CRFD Research, Inc. (“CRFD”) filed a patent infringement action defendants Dish Network Corporation, Dish DBS Corporation, Dish Network L.L.C., Echostar Corporation, and Echostar Technologies L.L.C. (collectively, “Dish Network”). CRFD also filed separate actions against defendants Hulu, LLC (“Hulu”), Netflix, Inc. (“Netflix”), and Spotify USA Inc. (“Spotify”). CRFD alleges…
Case Dismissed After Claims Upon Which Lawsuit Was Initiated Were Cancelled During Re-Examination
Defendant Extended Disc North America, Inc. (“EDNA”) filed a motion for summary judgment of non-infringement and invalidity, and, alternatively, a motion to dismiss against plaintiff Target Training International, Ltd.’s (“TTI”). TTI had filed its complaint for patent infringement against EDNA on September 17, 2010, alleging that EDNA directly infringed at…
Retailer Permitted to Sell Existing Inventory after Preliminary Injunction Issued against Manufacturer
After the plaintiff Cordelia Lighting, Inc. (“Cordelia”) obtained a preliminary injunction against Zhejiang Yankon Grp. (“Yankon”), Cordelia sought to add certain retailers to the injunction. Cordelia owns U.S. Patent No. 8,474,204 (“the ‘204 Patent”), which is entitled “Recessed LED Lighting Fixture” and describes a fixture designed to hold an LED…
Claw Back of Privileged Documents Fails Where Defendants Had Used the Documents in Depositions, Expert Reports and in Briefs without Objection
Defendants filed a motion to compel Adaptix to re-produce documents that Adaptix had clawed back on the grounds of privilege. Adaptix had early produced the documents in several productions. The Defendants argued in the motion that even if Adaptix could demonstrate the documents are privileged, Adaptix waived the privilege because…
District Court Denies Section 101 Challenge to Patent Validity Where Claims Described a Specialized System
Defendant Murphy USA Inc. (“Murphy”) filed a motion for summary judgment of invalidity as to certain claim U.S. Patent No. 6,076,071 (“the ‘071 Patent”) and one claim of U.S. Patent No. 6,513,016 (“the ‘016 Patent”) on the grounds that the patents are directed to non-patentable subject matter under 35 U.S.C…
Supreme Court’s Decision in Teva Does Not Require Federal Circuit to Review Immaterial or Improper Fact-Finding under a Clear Error Standard
After an appeal to the Federal Circuit, Defendant Arthrex, Inc. (“Arthrex”) filed a motion to reopen the judgment under FRCP 60(b). Arthrex premised its motion on the argument that the judgment should be reopened in light of the Supreme Court’s recent holding in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc.,…